[2025] KECA 1180 (KLR)
The court found that although the delay in filing the notice of appeal was lengthy—almost 7 years—the applicant, who is acting in person and serving a life sentence, provided grounds in his supporting affidavit that the court considered sufficient to exercise its discretion in his favour. The court applied the...
Source-derived case information.
- Citation
- [2025] KECA 1180 (KLR)
- Parties
- Applicant: Samuel Amana Ekudongoi; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E031 of 2025
- Procedural Posture
- Criminal Application / Application for Extension of Time to File Notice of Appeal
- Outcome
- application allowed
- Judges
- JM Mativo
- Legal Topics
- Extension of Time, Criminal Appeals, Wildlife Offences, Discretionary Powers, Delay in Filing, Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Amana Ekudongoi
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to File Notice of Appeal
Legal Issues
- 1 Whether the applicant has provided a satisfactory explanation for the delay of almost 7 years in filing the notice of appeal.
- 2 Whether the court should exercise its discretion to extend time for filing the notice and record of appeal in a criminal matter involving a life sentence.
Ratio Decidendi
The court found that although the delay in filing the notice of appeal was lengthy—almost 7 years—the applicant, who is acting in person and serving a life sentence, provided grounds in his supporting affidavit that the court considered sufficient to exercise its discretion in his favour. The court applied the principles from Andrew Kiplagat Chemaringo vs. Paul Kipkorir Kibet [2018] eKLR, emphasizing that the key consideration is whether the explanation for delay is plausible and satisfactory. The court concluded that, in the circumstances, the applicant should be granted an extension of time to file his notice of appeal and related documents.
Court Disposition
application allowed
Orders
- The applicant shall file his notice of appeal within 14 days from the date of the ruling.
- The applicant shall file the memorandum of appeal and the record of appeal within 45 days from the date of the ruling.
Full Case Text
Judgment text and source record
24 paragraphs
Ekudongoi v Republic (Criminal Application E031 of 2025) [2025] KECA 1180 (KLR) (1 July 2025) (Ruling)
Neutral citation: [2025] KECA 1180 (KLR)
Republic of Kenya
In the Court of Appeal at Nakuru
Criminal Application E031 of 2025
JM Mativo, JA
July 1, 2025
Between
Samuel Amana Ekudongoi
Applicant
and
Republic
Respondent
(An application for extension of time to file a notice of appeal, against the judgment of the High Court of Kenya at Nyahururu (R. Wendoh, J.) dated 10th April, 2018 in CRA No. 095 OF 2017 Criminal Appeal 95 of 2017 )
Ruling
1. The application before the Court is undated. The applicant seeks extension of time to appeal out of time against the conviction and sentence in Nyahururu Criminal Case No. 451 of 2015.
2. The applicant, Samuel Amana Ekudongoi was charged before the Chief Magistrate’s Court at Nyahururu in Criminal Case No. 451 of 2015 with the offence of being in possession of wildlife trophies without a permit contrary to section 95 of the Wildlife (Conservation and Management) Act 2013 and sentenced to pay a fine of Kshs.1,000,000. 00 or serve 5 years imprisonment in default. On the second count, he was convicted of dealing in wildlife trophies without a permit contrary to section 84 (1) as read with section 92 of the Wildlife (Conservation and Management) Act 2013 and sentenced to pay a fine of Kshs.20,000,000. 00 or serve life imprisonment in default. His appeal to the High Court was dismissed on both conviction and sentence. Although aggrieved, he never lodged his notice of appeal within the statutory stipulated time of 14 days.
3. In his supporting affidavit sworn on 18th March 2025 contends that after his appeal was dismissed, he was traumatized for 6 years and viewed the appellate process as negative, therefore, he did not obtain copies of the Judgment and proceedings from the first Appellate Court. However, upon soul searching and upon being saved and accepting Jesus Christ, he has decided to appeal, but time had lapsed, hence this application.
4. In response to the application vide written submissions dated 22ND May 2025, Mr. Omutelema Senior Assistant Director of Public Prosecutions contends that even though the applicant’s sentence is lengthy, the delay of 7 years in filing his appeal is inordinate and the explanation for the delay is unreasonable and unsatisfactory. Counsel states that a similar application by the applicant’s co-accused was disallowed, on grounds that the delay of 6 years was inordinate.
5. The applicant has invoked Rule 4 of the Court of Appeal Rules which empowers this Court to enlarge time for doing anything under the rules. I have considered the application, the supporting affidavit sworn on 18th March 2025 and the respondent’s submissions dated 22nd May 2025. It is evident that there has been a delay of almost 7 years in filing the appeal against the Judgment of the High Court.
6. The Supreme Court of Kenya pronounced itself in the question of extension of time in the case of Andrew Kiplagat Chemaringo vs. Paul Kipkorir Kibet [2018] eKLR as follows:“The law does not set out any minimum or maximum period of delay. All it states is that, any delay should be satisfactorily explained. A plausible and satisfactory explanation for delay is the key that unlocks the court’s flow of discretionary favour. There has to be valid and clear reasons, upon which discretion can be favourably exercisable.”
7. In applying the principles in Andrew Kiplagat Chemaringo vs. Paul Kipkorir Kibet (supra), and considering that the applicant is acting in person and is serving a life sentence, and having read the grounds of appeal as elucidated in his supporting affidavit, I am inclined to exercise my discretion in his favour. I direct the applicant to file his notice of appeal within the next 14 days and the memorandum of appeal and the record of appeal within 45 days from today.
8. Orders accordingly.
DATED AND DELIVERED AT NAKURU THIS 1ST DAY OF JULY, 2025. J. MATIVO.............................JUDGE OF APPEALI certify that this is a true copy of the original.Signed.DEPUTY REGISTRAR.